2011 (5) TMI 766 - AT - Central Excise

Whether appellants are entitled for the claim of remission of duty on goods as well as work-in-progress goods which lost in flood Held that - assessee is entitled for remission of duty and also not required to reverse the credit taken on inputs which has gone in manufacturing of final goods as well as semi finished goods, appeal is allowed Grasim Industries(2006 - TMI - 1062 - CESTAT,NEW DELHI)

Summary

Issues:
Claim of remission of duty on finished goods and work-in-progress lost in flood.

Analysis:
The appellant filed a claim for remission of duty on finished goods and work-in-progress lost during a flood, which was denied. The appellant cited Rule 21 of the Central Excise Rules, 2002, and previous judgments to support their claim. The appellant argued that denial of remission based on a specific Board Circular was irrelevant in light of the Larger Bench decision in Grasim Industries case. On the other hand, the respondent contended that remission was rightly denied based on previous tribunal decisions and the Board Circular. The respondent highlighted the distinction between semi-finished goods and goods in process under the Central Excise Rules, asserting that work-in-progress goods do not qualify for remission. The Tribunal analyzed these arguments to determine whether the appellant was entitled to remission of duty on the lost goods.

The Tribunal found that the main issue was whether the appellant was entitled to remission of duty on the goods lost in the flood, including work-in-progress goods. The Tribunal referred to the decision of the Larger Bench in the Grasim Industries case, which held that remission of duty was permissible without the need to reverse credits on inputs used in manufacturing final and semi-finished goods. The Tribunal distinguished this case from a previous case where remission was denied for work-in-progress goods, noting that the earlier decision did not consider the Grasim Industries judgment. The Tribunal also discussed another case supporting the appellant's claim and addressed the argument that work-in-progress and semi-finished goods are different. Since the Central Excise Act does not define these terms, the Tribunal interpreted them based on common understanding, concluding that both refer to goods not yet finalized. Therefore, the Tribunal set aside the impugned order, allowing the appeal for remission of duty on the lost goods, including work-in-progress, in line with the Grasim Industries decision.